State ex rel. City of Duluth v. District Court of St. Louis County

• Court: Minnesota Supreme Court
• Writing for the Court: HALLAM, J.
• Citation: State ex rel. City of Duluth v. District Court of St. Louis County, 158 N.W. 791, 134 Minn. 28 (Minn. 1916)
• Decision Date: 07 July 1916
• Docket Number: 19,936 - (262)
• Parties: STATE EX REL. CITY OF DULUTH v. DISTRICT COURT OF ST. LOUIS COUNTY AND ANOTHER

158 N.W. 791

134 Minn. 28

STATE EX REL. CITY OF DULUTH v. DISTRICT COURT OF ST. LOUIS COUNTY AND ANOTHER

Nos. 19,936 - (262)

Supreme Court of Minnesota

July 7, 1916

Upon the relation of the city of Duluth this court granted its writ of certiorari to review the judgment of the district court for St. Louis county, Dancer, J., in proceedings under the Workmen's Compensation Act brought by Dorothea S. P Granzow, wife of decedent employee, against the city of Duluth, employer. Affirmed.

SYLLABUS

Workmen's Compensation Act -- member of fire department within act.

1. A fireman of the city of Duluth was killed while in the performance of his duty. His dependents are entitled to recover under the Workmen's Compensation Act.

Workmen's Compensation Act -- membership in relief association immaterial.

2. The fact that deceased was a member of the Duluth Firemen's Relief Association and that his dependents draw benefits therefrom, does not bar recovery of compensation nor reduce the amount thereof.

John E Samuelson and Leonard McHugh, for relator.

Abbott, McPherran, Lewis & Gilbert, for respondents.

OPINION

HALLAM, J.

1. Frederick E. Granzow, an assistant chief of the fire department of the city of Duluth, was killed while in the discharge of his duty. His widow and ten-year-old daughter commenced proceedings to recover under the compensation act (G.S. 1913, §§ 8195-8231). This case involves the question whether a member of the Duluth fire department is an employee within the meaning of the Workmen's Compensation Act. We hold that he is, for the same reason which induced us to hold in State v. District Court of St. Louis County, supra, page 26, 158 N.W. 790, that police officers of the city are within the act.

2. One other question is raised here as follows: Deceased was a member of the Duluth Firemen's Relief Association, a voluntary relief association organized to provide for the relief of sick or injured members, and the widows and orphans of deceased members. The association receives its money from three sources: (1) From a tax of one-tenth of one mill; (2) from a portion of the insurance premiums collected in Duluth, which are required by law to be paid to the association, and (3) from the voluntary contributions of its members. Membership in the association is optional with firemen. Only those who are members and who contribute are entitled to benefits for themselves or their families. The widow and daughter now draw benefits from the association.

The receipt of funds from the association does not bar them from receiving benefits under the compensation act, nor does it reduce the amount thereof. The act does not so provide, either expressly or by implication.

The source of revenue of the Relief Association, so far as it depends on the bounty of the state, may be withdrawn at any time. Gibbs v. Minneapolis Fire Dept. Relief Assn. 125 Minn. 174, 145 N.W. 1075....